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Fight against terrorism. EU institutional/legal framework

Fight against terrorism. EU institutional/legal framework. A bit of history 1957: European Communities are born. 1957-1992. Nothing about police cooperation is established in the Treaties.

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Fight against terrorism. EU institutional/legal framework

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  1. Fight against terrorism. EU institutional/legal framework A bit of history 1957: European Communities are born.

  2. 1957-1992 • Nothing about police cooperation is established in the Treaties. • BUT the Ministers of Home Affairs of the EC member States met on an informal basis since the 70’s: TREVI (Terrorisme, Radicalisme, Extrémisme et Violence Internationale)cooperation.

  3. 1957-1992 • 1986: The Single European Act The main compromise agreed: to set in a progressive way a common market over a period that would conclude on 31 December1992.This would mean an area without obstacles to free movement of goods, people, services and capitals.

  4. 1957-1992 • 1985 Schengen Agreement France, Germany, Belgium, Luxembourg and the Netherlands decided to create a territory without internal borders.

  5. 1957- 1992 SCHENGEN AGREEMENT AND CONVENTION. COMPENSATORY MEASURES. • To improve cooperation and coordination between the police and the judicial authorities in order to safeguard internal security and in particular to tackle organised crime effectively. • Schengen Information System (SIS) was set up. A sophisticated database used by the authorities of the Schengen member countries to exchange data on certain categories of people and goods.

  6. 1992 Treaty of the European Union A new step in the process of a closer Union between European people NOW ,YES: AN INSTITUTIONAL FRAMEWORK TO DEVELOP POLICE COOPERATION IS ESTABLISHED WITHIN THE EUROPEAN UNION

  7. What does it mean? • To develop a closer cooperation between MS in the field of Justice and Security is an objective of the European Union. • this objective is developed under a single institutional framework: COUNCIL+COMMISSION+PARLAMENT+ ECC • SECURITY touches the heart of the national sovereignty: there is a different decision procedure to that set for EC policies. No national competences are passed to the EU. • ADDED VALUE concept

  8. 1999: entry into force of the Treaty of Amsterdam • A step ahead in objectives: to offer a high level of security within an Area of Freedom, Security and Justice. • Acquis Schengen into the EU legal/institutional framework. (a “must” for new Member States)

  9. IMPLEMENTATION • Since 1999, the European Council adopts multiannual strategic/ work Plans for AFSJ’s development. • 1999: Tampere • 2004: The Hague • 2010: The Stockholm Programm (on process)

  10. TERRORISM • 2001: EU’s Action Plan against terrorism. • 2003: EUROPEAN SECURITY STRATEGY. A secure Europe in a better world (all the threats and challenges, not just terrorism) • 25.03.2004 Extraordinary European Council: EU CT Coordinator: • within the Council Secretariat, • He/she co-ordinates the work of the Council in combating terrorism • regular reporting to the Council and effective following-up of Council decisions • 2005 EU CT STRATEGY • Prevent • Protect • Pursue • Respond

  11. EU CT STRATEGY • PREVENT • EU STRATEGY + ACTION PLAN AGAINST RADICALIZATION AND RECRUITMENT (updated last December 2008)

  12. EU CT STRATEGY • PROTECT • enhancing the protection of critical infrastructures: Directive (june 2008) on the identification and designation of European Critical Infrastructure (ECI) • countering chemical and biological threats. (COM Commission soon)

  13. EU CT STRATEGY • PURSUE Strenghening national capabilities Exchange information between law enforcement agencies. (principle of availability: Swedish framework Decision -in force since Dec 2008 + Prüm Decision). Security of explosives and detonators: European Action Plan to enhance the security of explosives (2007) • RESPOND enhancing preparedness and improving consequence management (CP capabilities)

  14. Operational cooperation - EU legal texts- • Council Framework Decision of 13 Jun 2002 on combating terrorism. • Council FD of 13 Jun 2002 on the European Arrest Warrant. • Council FD of 13 Jun 2002 on Joint Investigation Teams. • Council Decision of 20 Sept 2005 on exchange information & coop concerning terrorist offences. • Council Decision of 23 Jun 2008 regarding LESs’access to VIS for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences.

  15. EUROPEAN BODIES • EUROPOL TE-SAT report Coop agreement with Turkey (18 May 2004) • SITCEN

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